Barossa Valley

In reply to the Hon. D.G.E. HOOD (19 November 2015).

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change):

The character preservation acts for the Barossa Valley and McLaren Vale districts recognise and protect the special character of the two districts, and provide statutory protection from inappropriate urban development. The Charter Preservation (Barossa Valley) Act and Character Preservation (McLaren Vale) Act became operational on 18 January 2013.

Both before and after the act became law senior officers from the Department of Planning, Transport and Infrastructure and the Minister for Planning met with land owners from the Concordia region on numerous occasions.

In addition, an extensive public consultation period of the proposed amendments occurred over two separate stages. Initial discussion papers describing the proposed protection legislation occurred in mid-2011 with a secondary round of consultation occurring during the first draft of the Character Preservation Bill in October 2011.

Of the 227 submissions received from councils, members of parliament and community and industry groups, the majority supported the legislation to preserve and enhance the special character of these districts.

As a result of the consultation process, the boundaries of the districts were altered to reflect concerns raised by councils and the wider community. These amendments are reflected in the current boundaries of the two districts. Townships and other urban areas were excluded from the districts, with known agricultural and viticultural lands included.

It is important to recognise that the legislation prohibits residential subdivision in the protection districts. It in no way prevents the ongoing use of the protection districts for agricultural pursuits and associated value-add opportunities. These are matters of local policy that should be addressed through the council's development plan. The Minister for Planning wants it to be clear that the protection legislation does not prevent appropriate development in the protection districts.

The Minister for Planning also acknowledges that a review of the protection legislation will take place within five years of commencement. In conducting such a review, the Minister for Planning will consult with the community and councils and consider any submissions.

The Minister for Planning acknowledges that a part of the Planning, Development and Infrastructure Bill will propose the establishment of a state planning commission. The proposed planning commission is best placed to set the parameters and undertake such a review. The timing associated with this review is subject to the establishment of the commission, but recognise that this should align with the five year statutory requirement to review the character preservation acts.

To reiterate, this does not prevent councils from reviewing their development plans to ensure an appropriate balance of development in the protection districts that ensures the long term protection of valuable productive land.